We’ve got a free, downloadable “do it yourself” kit you can use. In other words, the price you pay to purchase equals “zero.” That kit provides more information about LLCs and includes a couple of free LLC operating agreements. (We used to sell the kit but since the Covid-19 pandemic have simply given the kit away.)
The actual steps you take to form a Mississippi LLC are fairly straightforward, and you can follow the instructions below if you don’t need the additional information the kit provides. (These instructions are up-to-date as of August 4, 2020.).
1. Check if the LLC name you want is available
Your first step in setting up an LLC is to check if the name you want to use is even available. To do this, you can use the Mississippi Secretary of State online database at:
https://corp.sos.ms.gov/corp/portal/c/page/corpBusinessIdSearch/portal.aspx?#clear=1
By entering the name you want to use in the search form, you’ll be able to see if there’s another business already using the name that you want. You can’t use a name, by the way, that’s the same or deceptively similar to another existing LLC’s name.
2. Create an account
To form a new business in Mississippi, you will need to create an account to use the Secretary of State’s online filing system.
https://corp.sos.ms.gov/corp/portal/c/page/login/portal.aspx
3. Provide Basic Information of you
After entering the username and password to register a new account, you will need to provide your name, your physical/mailing address, and your business email.
A notification will be sent to your email inbox to verify that your account has been successfully created.
4. Check if the name you want for your LLC is available
As a first step, you may want to check if the LLC name you want to use is even available. An easy first step is to search the first link below to see if the name you want is already being used.
https://corp.sos.ms.gov/corp/portal/c/page/corpBusinessIdSearch/portal.aspx?#clear=1
When you find a name that seems available, you can reserve it ($25)at :
https://corp.sos.ms.gov/corp/portal/c/page/login/portal.aspx
Click “Reserve a Business Name” box after you logged into your account.
The name must include one of the phrases or acronyms, “Limited Liability Company,” “Limited Liability Co.,” “LLC,” or “L.L.C.” For example, all of the following names should be acceptable:
- Acme Explosives Limited Liability Company
- Acme Explosives Limited Liability Co.
- Acme Explosives LLC
- Acme Explosives L.L.C.
5. List the future effective date if applicable
In the business details window, list the future effective date, if it is different than the filing date. The date must be in the future, but cannot be more than 90 days from your filing date. Usually, you just want to form the LLC as soon as possible, so leave this box blank.
6. Enter your federal employer identification number if applicable
If you already have an EIN for your LLC—and you actually need a new EIN for a new LLC, you can’t recycle an old EIN—enter your LLC’s EIN. If you do not yet have an EIN—and you really shouldn’t if the business hasn’t been created with the state yet—instructions for obtaining one are in the downloadable kit.
7. Identify the registered agent and office
Mississippi wants to know the name and contact information for a real person within the state of Mississippi who can act as the contact person for the LLC should the state have questions. You can pay someone else to be this person, what’s called a “registered agent,” but it’s really easiest and cheapest to just be your own registered agent.
8. Identify the people forming the LLC
Mississippi also wants to know the names and contact information for the person or people organizing the LLC. To provide this information, a member (probably you) or an organizer must click on the “Click to sign” box and then provide their name, title, and address.
9. Attach any additional information
You can attach any other matters you deem appropriate in regard to your business, such as an operating agreement.
10. Submit the application
We have the options to submit the form online or by mail.
If you choose to print off the form, you can mail the completed form and a check for $50 filing fee to:
Secretary of State
P.O. Box 136
Jackson, MS 39205